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is this a case of fraud?

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laboroflove11

Junior Member
What is the name of your state (only U.S. law)?Texas


is this a case of fraud?

What is the name of your state (only U.S. law)? Texas

I was recently in an auto accident, where I was the driver, and I was transporting an acquaintance to a desired local destination, Houston, Tx., and while en-route the vehicle I was driving was struck by another vehicle. The accident occurred on the interstate during heavy traffic and there was no good place to stop and both vehicles were not impaired so we agreed to drive a little bit beyond the scene due to the risk of causing additional collisions. My passenger and I were unharmed, no airbags were deployed and the damage to the back of the vehicle I was driving was very minor. The other driver and I exchanged information and we chose to proceed to the intended destination and called the police, and they informed me that both parties would need to file a report within 24 hours. The information on the other driver was invalid and the phone number did not work after we left the scene. The responsible party's information, according to my insurance company, lead to a dead end.

Two days after the accident I received a call from an attorney, who was retained by my passenger on her injury claim. I was in contact with the passenger after the accident and never was an injury mentioned, but because the accident was clearly the responsibility of the other driver it seemed obvious that this would be the opportunity someone might use to create a little windfall. I spoke to the attorney and told him I would consult with my attorney about what I should do to assist in the process. I did advise the attorney that it was my observation that this client showed no signs of being injured and that the impact was not nearly significant enough to have caused injury unless you had been between the bumpers of the cars when they collided, and then maybe you could have been injured.

It has been slightly over a month now and I have seen and been with the passenger on at least five occasions and still have yet to have heard any or see any sign of injury. Two days ago she sent me a text telling me that she would start to get treatments and she would be presenting me with the copies of the bills and that her attorney would proceed with the suit. I had asked her not to pursue a suit, and that she should do the right thing. I am convinced that the insurance company will likely handle the matter but I think I should report this as fraud. I have known this individual for some years and in my experience and on record it can be demonstrated that her character is one that has been malicious, manipulative, threatening, and I personally have had her steal money by representing my bank account as being hers to pay for her utilities. She has also been arrested and convicted of forgery, as well as other charges which as of two months prior to the accident had caused her to spend nearly a month in jail. As a result of the time she was there she lost her bond with the company which provided her bond for her profession and has had a number of struggles, some which I assisted with, like in this case the vehicle she had was not drivable due to someone having stolen all four wheels and tires, leaving the vehicle on blocks. She lied to me to get me to go pick her up and bring her to the dealership where she could secure another vehicle, and had she told me the proper information this accident may have never happened because the drive time would have been later when traffic would have been significantly less.

I would like to report this incident as a fraudulent claim with Texas Insurance Regulators. What do you think?
 
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ecmst12

Senior Member
The only fraud is on the part of the guy who hit you. Your passenger could easily have a legitimate injury. Your insurance will handle it.
 

davew128

Senior Member
The only fraud is on the part of the guy who hit you. Your passenger could easily have a legitimate injury. Your insurance will handle it.
Don't you think it odd that the accident was reported to the insurance company yet the passenger's attorney is contacting the driver directly instead of the insurance company?
 

laboroflove11

Junior Member
good advice

Yes, I have now contacted the insurance company and have given them what information I could furnish. I am not a medical professional but I do know that there was no injury, and on the subsequent occasions I have seen this individual there has been no mention of any medical attention being sought, nor and signs of impaired anything.

Thanks this site rocks.
 

ecmst12

Senior Member
No, it's not fraud, but OP should not speak with the attorney directly and should tell him to talk to the insurance company.
 

sandyclaus

Senior Member
...I have known this individual for some years and in my experience and on record it can be demonstrated that her character is one that has been malicious, manipulative, threatening, and I personally have had her steal money by representing my bank account as being hers to pay for her utilities....

So, when YOU commit a criminal act along with your "friend", it's OK, and you aren't running off to authorities about it. But when that same "friend" turns on YOU, you feel suddenly obligated to try to get them prosecuted?

Does no one else see the irony in that? :confused:
 

Zigner

Senior Member, Non-Attorney
So, when YOU commit a criminal act along with your "friend", it's OK, and you aren't running off to authorities about it. But when that same "friend" turns on YOU, you feel suddenly obligated to try to get them prosecuted?

Does no one else see the irony in that? :confused:

I think you misunderstood -

The OP is telling us that the passenger has stolen money from her in the past by misrepresenting something...
 

laboroflove11

Junior Member
the OP

for clarification, I being the fool that I am, had money stolen from my bank account by the "victim" in the past. There are far too many incidents that could be cited to make for reasoning here. While again for sake of addressing the injury status, I am a technical professional, with a professional sports medicine background, and was married to a woman whose nearest relatives were all practicing physicians, and had been privy to many scenarios involving impact injuries, or injuries of the nature one would suffer from this type of impact. She exhibits none of the symptoms that would be typical. In the years I have known her I have spend enough time with her to know the way she operates, and there is no doubt in my mind that this claim is fraud, but why did I post? Simply this I am not the insurance company, and not a legal professional and understand that I don't understand how matters of this nature work. I have read that if I filed a case of fraud that she can not seek civil action against me, and given the teeth she has shown in previous dealings I am inclined to believe it may be in my best interest. Just notifying the insurance company may still leave me exposed personally.
 

Zigner

Senior Member, Non-Attorney
for clarification, I being the fool that I am, had money stolen from my bank account by the "victim" in the past. There are far too many incidents that could be cited to make for reasoning here. While again for sake of addressing the injury status, I am a technical professional, with a professional sports medicine background, and was married to a woman whose nearest relatives were all practicing physicians, and had been privy to many scenarios involving impact injuries, or injuries of the nature one would suffer from this type of impact. She exhibits none of the symptoms that would be typical. In the years I have known her I have spend enough time with her to know the way she operates, and there is no doubt in my mind that this claim is fraud, but why did I post? Simply this I am not the insurance company, and not a legal professional and understand that I don't understand how matters of this nature work. I have read that if I filed a case of fraud that she can not seek civil action against me, and given the teeth she has shown in previous dealings I am inclined to believe it may be in my best interest. Just notifying the insurance company may still leave me exposed personally.

You pay your insurance company for just such events.

Why did you even let such a snake in the car? :eek:
 

ecmst12

Senior Member
And if she has received treatment, your insurance will likely pay her something. It's their job to protect you. Let them.
 

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